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PEOPLE v. SULLIVAN

29 N.Y.2d 69 (1971)

The People of the State of New York, Appellant, v. Daniel J. Sullivan, Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1971.

Attorney(s) appearing for the Case

Frank S. Hogan, District Attorney (David L. Levinson, Michael R. Juviler and Lewis R. Friedman of counsel), for appellant.

Lawrence K. Feitell for respondent.

Judges SCILEPPI, BREITEL, JASEN and GIBSON concur with Judge BERGAN; Chief Judge FULD dissents and votes to affirm in a separate opinion in which Judge BURKE concurs.

BERGAN, J.

On October 24, 1967 a motor vehicle, which had been hired by defendant and had been earlier parked by him on the north side of West 45th Street between Eighth and Ninth Avenues, was found by police to be illegally parked shortly after 8:00 A.M. and a summons was attached to the windshield.

All parking was prohibited at this point between 8:00 A.M. and 9:00 A.M. Signs stating this was a "tow...

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